Senft v. Ed. Schuster & Co.

The first question raised by counsel for appellant is whether the granting of a motion for judgment notwithstanding the verdict was proper practice where taking the verdict at its face the judgment in this case should go the other way.

This court has said that a court may grant judgment notwithstanding the verdict without changing any of the answers or without a motion to set aside the verdict because it is not supported by the evidence, though the strictly proper practice would be to change the answers in the verdict so that on its face it forms a basis for judgment, or to set the verdict…